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30 terms

Criminal Law

First Year Crim Law review
STUDY
PLAY
4 elements to reduce Murder to Manslaughter
1. ∆ acted in sudden heat of passion
2. Adequate Provocation
3. ∆ did not have reasonable opportunity to "cool off"
2. There is a causal link b/t provocation, passion and homicide
Mens Rea
Culpable mental state

Purposely - committing the act w/ the conscious objective to cause result
Knowingly- a result is knowingly caused when ∆ is aware that it is practically certain that his conduct will cause such result
Recklessly- consciously disregarding a substantial and unjustifiable risk which is gross deviation from standard conduct.
Negligently- creating a substantial and unjustifiable risk, where the actor should have been aware of the danger ans is a gross deviation from the standard conduct which reasonable person would have been aware of.
General Intent
intent to do a proscribed act, Not necessary to show you had some particular purpose
Specific Intent
intent to do some further act or achieve additional consequence.
Omission
failure to act to prevent harm,
satisfies actus reus
Mistake of Fact
Generally a way out (reasonable) if you can negate PURPOSE, KNOWLEDGE, RECKLESSNESS, or NEGLIGENCE of a given statute.
MPC on Provocation (EED)
Reduces murder to manslaughter if:
1. actor kills under the influence of a "extreme emotional disturbance"
2. for which there is a reasonable explanation or excuse
(long period of trama, brooding victim.)
Actus Reus C/L
movement that is willed or directed by the actor
Actus Reus C/L
Bodily Movement that could be voluntary
(unconscious individuals are not responsible for their acts.)
Justification
A defense that indicates that society believes that the ∆'s conduct was morally good, socially desirable or not wrongful.
1. Self-defense
2. Battered Women Syndrome
3. Protection of Property
4. Necessity
Excuse
A defense that indicates that although ∆'s committed the elements of an offense, and ∆'s conduct was wrongful, the law wont blame them for the wrongful conduct.
Bases on some disability
Involuntary actions
action related to Cognitive Deficiencies
actions related to Colitional Deficiencies
Mistake of Law
Not a defense, unless relying on a statute judicial opinion or assurance of public official.
Felony-Murder Rule
a person is guilty of murder if she kills another person, even accidentally, during the commission or attempted commission of any felony.
C/L Rape
∆'s has sexual intercourse
with a women not his wife
with physical force or threat of physical force and
without her consent
MPC Insanity
A person is not responsible for criminal conduct if, at the time of the act, as a result of mental disease of defect he lacks substantial capacity either to appreciate the criminality (wrongfulness) of his conduct. (modified by Lyons- no volitional prong.)
McNaughten's Rule
A person is legally insane if, at the time of the act, he was laboring under such defect of reason, from disease of the mind as
1. not to know the nature of and quality of the act he was committing
2. if he did know it, he did not know what he was doing was wrong.
Attempt
a person commits an attempt if, acting with the same state of mind otherwise required for commission of the target offense,
he purposely causes (or believes he will cause) the result under the same circumstances required by the target offense,
and he take a substantial step to commit the crime.
Rape
sexual intercourse
force or threat of force
without consent
Mens Rea for Rape
Subjective Test- did the ∆ believe he had consent.
Objective Test- would a reasonable person believe they had consent.
First Degree Murder
purposeful, premeditated deliberate killing
Second Degree Murder
Purposeful, but not premeditated
Voluntary Manslaughter
sudden intense passion after adequate provocation
Involuntary Manslaughter
unintended as a result of an unlawful act.
Homicide Continuum
Murder (1st and 2nd)<-Manslaughter (voluntary and Voluntary)<-Negligent Homicide<-Accident
Preparation Solicitation
mere acts of preparation, failing to lead directly or proximately to the consummation of the intended crime, do not constitute solicitation
Conspiracy
an agreement between 2 or more people to engage in a course of criminal behavior or a single crime
No merger doctrine- robbery and conspiracy can be charged at the same time.
Accessorial Liability
requires proof that the secondary party intended to promote or facilitate the specific offense for which the prosecution seeks to hold him accountable.
Mens Rea of Conspiracy
Person is guilty of conspiracy of a crime if he act with the purpose to promote or facilitate its commission
Solicitation
punishes anyone who deliberately encourages someone else to commit a crime.
When is Merger Doctrine used
Solicitation
Attempt

NOT in conspiracy